Legal Opinion
In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education
Court of Appeals for the Ninth Circuit
Decided April 14, 2003No. 01-35620PublishedCited by 111 opinions
1Opinion of the Court
Opinion by Circuit Judge TASHIMA; Dissenting opinion by Senior Circuit Judge WALLACE.
OPINION
TASHIMA, Circuit Judge.
This case presents the question of whether an educational loan may be partially discharged consistent with 11 U.S.C. § 523(a)(8) of the Bankruptcy Code. We conclude that bankruptcy courts may partially discharge student debt pursuant to their equitable authority under 11 U.S.C. § 105(a).
BACKGROUND
On September 27, 1999, Appellee Dennis Saxman sought to discharge several of his student loans in bankruptcy on the ground that paying them off would cause him an undue hardship within…
2Cases cited25 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn HornsbyCourt of Appeals for the Sixth Circuit · 1998
20 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
- In Re Focus Media Inc., Debtor, Thomas E. Rubin v. John P. Pringle, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2004
- Alderete v. Educational Credit Management Corp.Court of Appeals for the Tenth Circuit · 2005
- In re SassonCourt of Appeals for the Ninth Circuit · 2005
- Gugliuzza v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 2017
106 more not listed; retrieve them via the Exa API.